patented or trademarked orchids.

[SydneyH]

I've been following this conversation and I've learned a lot! I'm not that knowledgeable about patents or orchids but I do know computers. You can do a search on patents at the US Patent and Trademark office (United States Patent and Trademark Office). I did a simple search on the word "orchid" in the patent images since 1976. Before that year, you are limited to searches by patent number and classification type.

Anyway, the results of my search are available here. The patent numbers starting with PP appear to be plant patents. Note that I searched on the word orchid in the abstract, so not all of the abstracts are for orchids. I found one that was not.

Patent Database Search Results: ABST/orchid in US Patent Collection.

Hope this helps.

Sydney

[orchidsarefun]

Originally Posted by SydneyH

I've been following this conversation and I've learned a lot! I'm not that knowledgeable about patents or orchids but I do know computers. You can do a search on patents at the US Patent and Trademark office (United States Patent and Trademark Office). I did a simple search on the word "orchid" in the patent images since 1976. Before that year, you are limited to searches by patent number and classification type.

Anyway, the results of my search are available here. The patent numbers starting with PP appear to be plant patents. Note that I searched on the word orchid in the abstract, so not all of the abstracts are for orchids. I found one that was not.

Patent Database Search Results: ABST/orchid in US Patent Collection.

Hope this helps.

Sydney

Thank You Sydney !!!!
As a matter of interest I cross-referenced a couple to RHS Register and also to OrchidWizz Express. These unfortunately do not state that the grex is patented. Another interesting fact is that it does not appear that another orchid has been patented since Jan 2008 ( Oncidium Heaven Scent - Sweet Baby )
Mauna Kea Orchids | Heaven Scent 'Sweet Baby'
This is another patented one
Bllr. Big Shot 'Hilo Sparkle'

[lambelkip]

Originally Posted by SydneyH

Anyway, the results of my search are available here. The patent numbers starting with PP appear to be plant patents. Note that I searched on the word orchid in the abstract, so not all of the abstracts are for orchids. I found one that was not.

also, there are several patented orchids that do not have the word "orchid" in the abstract. your search shows 97 matches, of which 40 appear to be patented orchids.

Originally Posted by orchidsarefun

Thank You Sydney !!!!
As a matter of interest I cross-referenced a couple to RHS Register and also to OrchidWizz Express. These unfortunately do not state that the grex is patented.

the patents only cover specific clones, not the entire grex.

Originally Posted by orchidsarefun

Another interesting fact is that it does not appear that another orchid has been patented since Jan 2008

there have been a few, but I don't think they include the word "orchid" in the abstract, so they wouldn't show up in that search. The most recent one I know of is Phal 'Taida Little Zebra' (an unregistered hybrid patented in Aug, 2011)

here's a list of all the patented orchids I know of:
(where no clonal name is given, only the specific unnamed clone described in the patent would be covered)

Oncidium alliance
PP4,058 Onc (Odontioda) Henriette Lecoufle 'Tenerife'
PP4,838 Onc. (Odontioda) Henriette Lecoufle (no clonal name given)
PP15,806 Oncidesa (Oncidium) Sweet Ears 'The OrchidWorks'
PP16,163 Ionmesa (Ionocidium) Popcorn 'Haruri'
PP19,162 Oncostele (Wilsonara) Red Pacific 'Deep Shadows'
pp20,235 Brassidium Golden Gamine 'White Knight' (Exotic Orchid 'White Knight')
PP20,439 Brassidium (Maclellanara) Yellow Star 'Golden Gambol' (Exotic Orchid 'Golden Gambol')
PP20,442 Shunkeara (Beallara) Big Shot 'Hilo Sparkle'
PP21,228 Onc Heaven Scent 'Sweet Baby'

Cattleya alliance
PP4,446 RLC (BLC) Ports of Paradise 'Gleneyries Green Giant'
PP4,701 Cattleya (SLC) Precious Stones 'True Beauty'
PP4,702 LC Puppy Love 'True Beauty'
PP4,871 Catt. (LC) Ocarina (no clonal name given)
PP5,688 Cattlianthe (SLC) Hazel Boyd 'John Germaske'
PP6,196 Cattlianthe (LC) Trick or Treat 'Orange Magic'
PP6,830 LC Ballet Folklorico 'Eloquence'
PP6,984 Rhyncatclia (Yamadara) Midnight Magenta (1972) 'Fine Wine' AM/AOS
PP7,013 Catt. (LC) Veldorado 'Polka'
PP7,252 Cattleytonia (Laeliocatonia) Peggy San 'Cynosure'
PP7,280 RLC (BLC) Memoria Ralph Placentia 'Toreador'
PP8,541 Catt. harrisoniana 'Streeter's Choice' Fcc/AOS
PP8,798 Catt. walkeriana 'Kenny'
PP10,243 Cattlianthe (SLC) Barbara Elmore 'Hearts'

Phalaenopsis
(mostly unregistered hybrids, with only the marketing name given)
PP4,715 Phal 'Golden King' (Phal Golden Emperor 'Golden King')
PP6,510 Phal 'Velmer' (Phal Henriette Lecoufle 'Velmer')
PP10,394 Phal 'Sylba'
PP10,393 Dtps 'Aposya'
PP10,392 Phal 'Abylos'
PP10,681 Phal 'Balysa'
PP10,682 Phal 'Nopysa'
PP12,177 Phal 'Dorothy Applegate'
PP12,639 Phal 'Anthura Gold'
PP13,048 Phal 'Artemisa'
PP13,088 Phal 'Sea Jewel' (Phal Brother Sophia 'Pine Ridge #1')
PP13,092 Phal 'Harmony Rose' (Phal Summer Beach 'Pine Ridge #6')
PP13,146 Phal 'Summer Beach' (Phal Summer Beach 'Pine Ridge #3')
PP13,207 Phal 'Golden Silk' (Phal Frog Hollow Summer Cocktail 'Pine Ridge-A')
PP14,265 Phal 'Exotic Fire'
PP14,266 Phal 'Osiris'
PP14,295 Phal 'Isis'
PP14,327 Phal 'Exotic Beauty'
PP14,328 Phal 'Exotic Moon'
PP14,329 Phal 'Exotic Wonder'
PP14,330 Phal 'Exotic Lady'
PP14,331 Phal 'Exotic Flame'
PP14,352 Phal 'Exotic Ruby'
PP17,270 Phal 'Atlantis'
PP19,778 Phal 'Ikaria'
PP19,906 Phal 'Queen V6'
PP20,199 Phal Sunrise Crystal (no clonal name given)
PP20,277 Phal 'SOGO F1982' (Phal Sogo Lawrence 'SOGO F1982')
PP20,383 Phal 'SOGO F1582' (Phal Schillo-Snow 'SOGO F1582')
PP21,422 Phal Ho's Colourful Bubbles (no clonal name given)
PP22,090 Phal 'Taida Little Zebra' (Ho's Little Caroline x Ever-Spring King)

Cymbidium
PP8,191 Cym Bangkok Beauty 'Pink Dawn'
PP12,077 Cym Milton Carpenter 'Everglades Gold'

Dendrobium
PP11,281 Den Himezakura 'Sanokku'
PP11,282 Den Spring Dress 'Apollon'
PP11,321 Den Sea Marian 'Snow King'
PP13,562 Den Stardust 'Firebird'
PP16,727 Den 'White Anna' (Den Ekapol 'Anna' x Shavin White '5N')
PP16,746 Den catenatum 'YFY-HS1'
PP19,773 Den Sonja 'SPCDW0602'

Bletilla
PP19,878 Bletilla Yokohama 'Kate'

[isurus79]

Interesting to see that so many of the patented orchids have Big Island (in Hawaii) names and references. The first patented orchids that I had heard of (maybe 5-8 years ago?) were from Yamamoto Dendrobiums. They breed a lot of nobile type hybrids and are based on the Big Island. I wonder if the patented orchid craze has spread from Yamamoto to other vendors over there? Looking at the above list I see words like: 'The OrchidWorks' 'Mauna Kea' 'Hilo' etc. These (and others) have direct reference to growers and places on the Big Island. I don't know if this helps the conversation at all, but I thought you all might find it interesting to be aware of a 'trend' coming from an obscure island in the middle of the Pacific!!

FYI- I used to live there, which is why I recognize a lot of these names.

[msaar]

The earliest patented orchids I remember were Stewart clones in the 70's/80's. One not on the list above is Pamela Heatherington 'Coronation'. The patents have expired on these plants. It must say something about my changing tastes that I haven't noticed any patented plants lately. The biggest patent fight I remember regarding orchids was in the 70's over whether or not mericloning was protected by patent.

[SydneyH]

Kip,

I'm not surprised that some were missed because they didn't have "orchid" in the abstract and that some non-orchids showed up. I was just trying to do a simple search to illustrate a resource. Actually until reading this conversation, I hadn't realized there were patented orchids or hydrangea, although it makes sense when I think about it.

Thanks everyone for an interesting discussion.

Sydney

[pinkham]

So here's another angle..
What happens if someone patented a certain orchid hybrid...lets say for this thread that the future seed pod parent is "alice" and the father is "fred"....
What if alice and fred were very common orchids and the seeds they produces were germinated and patented after growing...
What if I had those two same orchids( because they are common) and went through the whole process with my own seed pod. is that infringement?

[lambelkip]

Originally Posted by pinkham

So here's another angle..
What happens if someone patented a certain orchid hybrid...lets say for this thread that the future seed pod parent is "alice" and the father is "fred"....
What if alice and fred were very common orchids and the seeds they produces were germinated and patented after growing...
What if I had those two same orchids( because they are common) and went through the whole process with my own seed pod. is that infringement?

as I said already, the plant patent only protects a specific clone, not the entire grex. The breeder would have to patent each seedling individually in order to protect them all, and even then it does not apply to seedlings produced by another breeder.

[orchidsarefun]

Originally Posted by lambelkip

as I said already, the plant patent only protects a specific clone, not the entire grex. The breeder would have to patent each seedling individually in order to protect them all, and even then it does not apply to seedlings produced by another breeder.

Kip -thanks for your input....and patience !
If I crossed Equestris A with Equestris B and had a seedling Equestris C which I then patented, what would happen
1) if someone used Equestris C as a hybrid and produced seed ? I am thinking that I would not be covered unless C has a specific "invention" characteristic that I mentioned in the patent registration ?
2) if someone cloned C ? I think that this would be patent infringement.

[lambelkip]

Originally Posted by orchidsarefun

Kip -thanks for your input....and patience !
If I crossed Equestris A with Equestris B and had a seedling Equestris C which I then patented, what would happen
1) if someone used Equestris C as a hybrid and produced seed ? I am thinking that I would not be covered unless C has a specific "invention" characteristic that I mentioned in the patent registration ?

you are right, it would not be covered. The "invention" characteristic would require a different type of patent (a utility patent) in order to be covered. The process and requirements for getting a utility patent are different. You would have to show that it is a new invention, by introducing a new characteristic that has never been seen in that type of orchid before.

Originally Posted by orchidsarefun

2) if someone cloned C ? I think that this would be patent infringement.

yes, that would be patent infringement.